Call for court solidarity with the Charkaoui family

... subject to security certificate for 5 years, 9 months and counting.

Federal Court Hearings
Friday, 28 November, 9:30 to 4:30 
(NOTE: Hearings will not take place Tuesday thru Thursday)
30 McGill St. (in old Montreal, Square Victoria metro)

On 24 November, Adil Charkaoui will be in Federal Court to argue a series of important process-related questions. The entire week has been set aside for the hearings. Please come out to show your support and solidarity, for an hour or two! If you can't come, please see other ways of helping out below.

*Five years later, CSIS required to provide evidence ...*

Notably, this week's hearings will grapple with the fact that the spy agency CSIS has asked for six months to assemble evidence in Adil's file. More than five and a half years into the case (five and a half years of suffering for the entire Charkaoui family), it seems that CSIS is only now being required to provide evidence - even to the judge and government ministers! CSIS asked for the six months in the wake of a June 2008 ruling by the Supreme Court that intelligence reports alone are not enough. Secret hearings in Charkaoui's case, which began on 27 October, could now be delayed for as long as six months as CSIS assembles a case (though you never know ...).

*Details of hearings scheduled to begin 24 November*

The lawyers will tackle several important preliminary questions to a challenge to procedural abuses and to the constitutionality of the security certificate process itself. These may include: key questions about the order in which the court proceeds; disclosure of evidence to Adil following the June 2008 Supreme Court decision; the right to cross-examine CSIS agents who prepared Adil's file and the Ministers who signed the certificate; and a request by the Quebec Bar Association to intervene on the question of constitutionality (the Bar's motion to intervene can be read at www.adilinfo.org/en/updates).

* Details of hearings scheduled to begin 8 December *

Depending on the outcome of the November hearings, Adil could be in court from 8 to 19 December to ask for a stay of proceedings based on the fact that CSIS has not previously provided evidence to back up its opinions. Adil also hopes to ask for his freedom from conditions that were imposed on him in February 2005; his lawyers submitted a motion last April arguing that he is being detained illegally because the law itself is unconstitutional (read legal motion: www.adilinfo.org/en/updates).

The judge could alternately decide, following the November hearings, to proceed instead with a public review of the security certificate from 8 to 19 December. That is, she could decide to hold the public hearings on the certificate even though CSIS has not yet provided anyone (the judge, Adil, the Ministers) with the evidence, and before the question of the constitutionality of the review process is heard.

* Deportation looming? *

If the Federal Court finds the certificate to be reasonable, Adil - a Montreal resident since 1995; married with three children - could be deported to Morocco. Two Immigration Canada risk assessments - in August 2003 and October 2007 - found that he is at risk of torture, death or cruel and unusual punishment if he is deported. Both government and courts have nevertheless continued the security certificate deportation proceedings, with the Supreme Court refusing in September 2008 to hear Charkaoui's argument that keeping him under a threat of being sent to torture is abusive.

* More details of recent developments in Adil's case, click here.*

!!!!!OTHER WAYS OF SHOWING YOUR SOLIDARITY!!!!!

If you can't make it to hearings this week, please:

- Ask your group to join Federal Court Watch.

- Participate in the cross-Canada day of Action against secret rendition hearings on Wednesday, 10 December:

  • In Montreal: Theatrical Action at NOON outside the Federal Court (30 McGill St., Square Victoria metro) on Wednesday, 10 December. More details soon.
  • Outside Montreal: contact tasc@web.ca (english) or justiceforadil@riseup.net (french).